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Sales conditions

GENERAL TERMS AND CONDITIONS OF SALE

 

The products sold on the website shop.ducati.com (hereinafter, the “Website”) are supplied by Drop S.r.l., Via Sandro Pertini, 1, 63812 Montegranaro FM Italy, p.i. 01383870431. The supply and sale of the products on the Website are governed by these general terms and conditions of sale (hereinafter, the “General Terms and Conditions of Sale”).

 

  • Acceptance of the general terms and conditions of sale
  • Purchasing terms
  • Terms of payment
  • Delivery terms and costs
  • Cancellation rights
  • Guarantees
  • Privacy
  • Complaints
  • Applicable law
  •  

    Acceptance of the general terms and conditions of sale

    1. The agreement between Drop S.r.l. and the Customer is understood to be concluded with Drop S.r.l's acceptance, or partial acceptance, of the order. This acceptance is considered tacit if the Customer is not otherwise notified by any means. By making an order using the various methods provided, the Customer declares that he has read all the information provided to him during the purchasing procedure, and fully accepts the general conditions and terms of payment transcribed below. The present General Terms and Conditions of Sale, as published and accepted by the Customer at the time of purchase or when registering on the Website, exclusively and specifically govern every purchase made through the website between the Seller and Customer, regardless of their nationality.
    2. Once the online purchasing procedure has been completed, the Customer will print or save an electronic copy of these general terms and conditions of sale, in compliance with the provisions of Articles 49 et seq. of Italian Legislative Decree no. 206/2005 on distance selling.

    Purchasing terms

    1. The Customer may only purchase the products contained in the electronic catalog managed by Drop S.r.l at the time the order is made, viewable online at the (URL) address shop.ducati.com, as described in the relative information tabs. It is understood that the image accompanying a product's description may not be fully representative of its characteristics and may differ in color, size, and the accessory products shown. All the information supporting the purchase is understood to be simple, generic, informative material and does not refer to the real characteristics of an individual product.
    2. The correct receipt of an order is confirmed by Drop S.r.l in an e-mail reply sent to the e-mail address provided by the Customer. This confirmation message will contain the Date and Time of the order and a ‘Customer Order Number’ to be used in any further communication with Drop S.r.l. The message includes all the data entered by the Customer, who undertakes to check their accuracy and promptly notify us of any corrections, according to the procedures described in this document. We always endeavor to ensure the accuracy of the information posted on the website but the extent of the catalog and the amount of information it contains entail the possible risk of a technical issue that could generate a different sales price from the actual one. We thus reserve the right to cancel an order if a price is incorrectly posted and our Customer Service will advise the Customer and provide him with the correct information.
    3. If the order is not accepted, Drop S.r.l will promptly notify the Customer, reimbursing any sums already paid in the shortest possible time and, in any case, within 14 days of the aforementioned notification.

    Terms of payment

    1. Credit card: The payment system currently accepts Mastercard,, Maestro and Visa cards; but excludes Visa Electron cards that have not been enabled for online payments. For the purchase of goods via Credit Card payment, the transaction will be authorized at the time of the order.

    6.1 If the order is canceled, either by the Customer or in the case of its non-acceptance by Drop S.r.l, cancellation of the transaction will simultaneously be requested by Drop S.r.l.. The cancellation times for some types of cards depend exclusively on the banking system. Once the transaction has been canceled, Drop S.r.l can in no case be held responsible for any direct or indirect damages caused by delays or failure of the banking system to reimburse the sums.

    6.2 Drop S.r.l reserves the right to request additional information from the Customer (for example, a landline phone number) or copies of documents proving the ownership of the card used. In the case of failure to provide the requested documentation, Drop S.r.l.. reserves the right to reject the order.

    6.3 At no time during the purchasing procedure is Drop S.r.l able to store information relating to the buyer’s credit card, as it is transmitted directly via a secure connection to the website of the banking institution handling the transaction. No Drop S.r.l. computer archives conserve these data. Therefore, Drop S.r.l. can in no case be held responsible for any fraudulent or illicit use of credit cards by third parties upon payment of the purchased products.

    1. Advance Bank Transfer: In the case of payment via Bank Transfer, the order will only be sent once the due amount is actually credited to the bank account of Drop S.r.l. Proof of the bank transfer, including the transaction reference number, must be received by Drop S.r.l.. (via the e-mail address official.shop@ducati.com) within 3 business days of the order acceptance date. Beyond this deadline, the order will be automatically canceled. The Customer must transfer the amount specified upon confirmation of the order using the following references: Account holder:

    Drop S.r.l., Via Sandro Pertini, 1, 63812 Montegranaro FM Italy;

    Servicing bank: UNICREDIT SPA

    IBAN IT46D0200868876000102232797

    Payment description: order number shown on the web page and in the order confirmation email.

    1. PayPal: If you select PayPal as your payment type, you will be redirected to a page of the PayPal website, where you will enter your email address and password to make the payment. Your financial data will not be shared with Drop S.r.l. and will be handled directly by PayPal. We only accept verified PayPal accounts. Connect to the PayPal website to verify your account.
    2. Cash on delivery: In the case of purchases with cash on delivery, a supplementary fee will be applied to the total amount, clearly highlighted when choosing this payment method. The payment may only be made under the following terms:
    3. Klarna: In order to offer you Klarna's payment methods, we may transfer your personal data in the form of contact and order details to Klarna at checkout, so that Klarna can assess whether you are suitable for their payment methods and adapt these payment methods to your needs. Your transferred personal data are treated in line with the Information Klarna Privacy Policy .

    - In cash, amounting to sums no greater than 500 euros (pursuant to Italian Legislative Decree 90/2017). When choosing the payment method, the customer will be informed that payments over the limits provided for by relevant legislation cannot be accepted. Should the customer choose this payment method for an amount exceeding 500 euros, Drop S.r.l. will contact the customer through its customer service to propose an alternative payment method.

    PLEASE NOTE: If you made the payment by credit card, the recipient shown on your statement will be Drop S.r.l..

     

    Delivery terms and costs

    1. Drop S.r.l. can only accept orders to be delivered within the countries indicated during the purchase. Drop S.r.l. reserves the right to not accept orders with delivery to places that are particularly hard to reach. In these cases, Drop S.r.l. will notify the Customer of the non-acceptance of the order in accordance with paragraph 5.

     Delivery to post office boxes or via post restante is precluded.

    1. When making the purchase, the Customer must request the issuance of a tax invoice from Drop S.r.l. if desired. In such cases, Drop S.r.l. will send it to the e-mail or residential address indicated when signing up. For the issuance of the invoice, the information provided by the Customer at the time of the order will prevail. Once the invoice has been issued, the data cannot be modified. We thus advise the Customer to check the data entered carefully before placing the order.

    If the invoice is not requested at the time the order is made, in no cases can it be issued retrospectively.

    The Drop S.r.l.sales system, as an online seller, does not require the issuance of an invoice (or tax receipt) to a consumer (not possessing a VAT number), in accordance with Article 22 of the Decree of the President of the Republic no. 633 of 26/10/1972 and Article 2, letter oo) of DPR no. 696 21st December 1996 (as confirmed by Resolution no. 274/E of 5th November 2009). If an invoice is not requested by the Customer, Drop S.r.l. will send the buyer a purchase receipt, not valid for tax purposes and useful solely for assistance or warranty purposes, via the e-mail or residential address indicated when signing up.

    1. Delivery costs are charged to the customer and are explicitly shown when the order is placed. Payment of goods by the Customer will take place using the method chosen when placing the order. The Customer owes nothing more than the order total.
    2. The availability of the products sold is limited to the availability of the products themselves and is a condition for the validity of the offers. If stock is sold out, even temporarily, Drop S.r.l. has the right to reject the customer’s purchase request by means of formal notification via e-mail, in which any available products may also be indicated as substitutes of an equal or greater price to the ones purchased, with payment by the Customer of any difference in price. Unless the customer requests to purchase a product in substitution of the one out of stock, Drop S.r.l. will reimburse any sums already paid by the Customer in the shortest possible time and, in any case, within 14 days of the date in which the order was canceled. The requested products will be delivered in the shortest time possible, usually within 5-7 business days. Drop S.r.l.undertakes to comply with a maximum delivery time no greater than 30 days, except in cases of force majeure. The maximum delivery time is calculated from the contract conclusion date. In the case of delays of over 30 days, the Customer and Drop S.r.l. will agree upon a new delivery date if the Customer does not state his intention to withdraw from the contract of sale, notifying us of this via the contact form under the item Returns and Refunds.

     

    1. Unless explicitly indicated by Drop S.r.l..’s Customer Service, delivery is understood to be at street level. At the time of delivery of goods by the courier, the Customer is required to check: - That the number of delivered packages corresponds to those shown on the transport document sent in advance via email; - That the packaging is intact, undamaged, is not wet or otherwise altered, including its sealing materials (adhesive tape or metal straps). Any damage to the packaging and/or product or difference in the number of packages or indications must be contested immediately, placing GOODS RECEIVED UNCHECKED on the courier’s proof of delivery. Once the courier’s document has been signed, the Customer cannot make any objections regarding the external characteristics of the goods delivered. Any problems relating to the physical integrity, correspondence or completeness of the products received must be reported within 8 days of delivery via the Contact Us form, without prejudice to the Customer’s right to the legal guarantee of conformity referred to in point 21 below et seq. and to the right to withdraw, referred to in point 16 below et seq.
    2. In the case of failure to collect material held by the courier as a result of the repeated inability to deliver to the address indicated by the Customer when placing the order within 5 business days, the contract of sale will be terminated with the refund of the relative price paid by the Customer.

     

    Right to withdraw

    1. Pursuant to Articles 52 et seq. of Italian Legislative Decree 206/2005, if the customer is a consumer (that is, a natural person purchasing the goods for purposes not related to their professional activities), he has the right to withdraw from the contract of sale for any reason, without providing explanations and without any penalty, except for the types of products for which this is expressly excluded (see Article 59 of Italian Legislative Decree 206/2005) and without prejudice to the provisions of point 17 below.
    2. The right to withdraw may be exercised within 14 days of receiving the product, using the following procedures: the Customer sends an e-mail addressed to official.shop@ducati.com. For this purpose, the withdrawal form posted on the website under the item Customer Care, Returns and Refunds may be used but is not mandatory. The Customer must state the order number shown in the “order confirmation” on the return form received together with the delivery documents. The product must be returned to "Resi Ducati c/o PVS Service Italia Srl - Loc. Gainago, Strada A di Gainago 2/A, 43056, Torrile (PR)" within 14 days of the withdrawal date. The returning costs, including any taxes, are the sole responsibility of the Customer. In case of return procedures for rescission from non-EU countries, both the shipping cost and the amount of taxes and duties for returning the product are charged to the customer.
    3. The right to withdraw is subject to the following conditions:

    - The right applies to the purchased product in whole; withdrawal cannot be exercised on only part of the purchased product (e.g. accessories, etc…);

    - The purchased  goods must be intact and returned in their original packaging, complete with all their parts (including packaging and any documentation and accessory equipment, manuals, etc…); to minimize damage to the original packaging, we recommend, when possible, to place it inside a second box, on which to affix the label provided by Drop S.r.l.., showing the RMA (return merchandise authorization) number; in all cases, avoid affixing labels or adhesive tape directly to the original product packaging;  

    - Until its certified receipt in our warehouse, the shipment is the customer’s complete responsibility;

     - In the event of damage to the goods during transportation, Drop S.r.l. will notify the customer of the event (within 5 business days of receiving the goods in its warehouses), to allow him to promptly report this to his chosen courier and obtain reimbursement of the value of the goods (if insured); in this case, the product will be made available to the customer for its return, simultaneously canceling the withdrawal request; - Drop S.r.l. is in no way responsible for damage or theft/loss of goods returned via uninsured shipments;  

    1. Drop S.r.l. will refund the customer the full amount paid, net of the direct return costs referred to in paragraph 16, within 14 days of receiving the withdrawal notification, through the transfer of the charged amount to a Credit Card or via Bank Transfer. In the latter case, the Customer should promptly provide the bank details for the refund (IBAN code of the bank account of the person invoiced). Drop S.r.l. may suspend the refund until it receives the products or until the Customer provides proof of return of the products, if previous.
    2. Notwithstanding that the customer is solely responsible for a decrease in the value of goods resulting from the handling of the goods other than to establish their nature, characteristics and functioning, the right to withdraw is excluded in relation to:

    - Damage to the product not caused by transportation.

     In the case of forfeiture of the right to withdraw, Drop S.r.l. will give notification via e-mail; the product will remain available to the Customer at the Drop S.r.l. warehouse for a period of 30 (thirty) days from the date of the email. After this deadline, Drop S.r.l. will return the product to the Customer by courier. The delivery expenses and the price of the product, if already refunded, will be charged to the Customer.

     

    Guarantees

    1. All products sold to the Customer via the Website are covered by the legal guarantee of conformity provided for in Article 128 et seq. of the Consumer Code ("Legal Guarantee"). In order to benefit from the guarantee, the Customer must keep and present the invoice (or the receipt or delivery note) they receive upon delivery.
    2. The manufacturer’s standard warranty is provided in accordance with the terms described in the documentation contained inside the product packaging. It is voluntary and does not replace, limit, exclude, or jeopardize the right to the Legal Guarantee of Conformity. The duration, territorial extent, procedures for use, types of damage/faults covered and any limitations to the Manufacturer’s Standard Warranty are items shown in the so-called warranty certificate contained within the product packaging.
    3. The Legal Guarantee may be exercised for any conformity defect present when the product is delivered, providing said conformity defect is reported within 2 (two) years from delivery of the product. The Customer must inform the Seller of the conformity defect by contacting Customer Services via email at official.shop@ducati.com, providing a full and accurate description of the claimed defects or faults. Customer Services are then required to reply to the Customer with instructions on how to return the defective product.
      The Customer may request, at their discretion, to have the product repaired or replaced at no extra cost, unless the remedy chosen by the Customer is objectively impossible or excessively expensive compared to the other option, taking into consideration all circumstances and, in particular, those listed in Article 135-bis, paragraph 2 of the Consumer Code.
      Ducati may refuse to resolve the conformity defect by either repairing or replacing the product if repairing or replacing it is impossible or if the costs involved are excessive, taking into consideration all circumstances, including those listed in Article 135-bis, paragraph 2, letters a) and b) of the Consumer Code.
      The Customer may request, at their discretion, an appropriate discount or termination of the Contract in the following situations: (i) Ducati does not repair or replace the product or does not repair or replace the product, where possible, pursuant to Article 135-ter, paragraphs 1, 2 and 3 of the Consumer Code, or refuses to resolve the conformity defect pursuant to the previous paragraph; (ii) the product still presents a conformity defect despite an attempt made by Ducati to restore conformity of the product; (iii) the conformity defect is serious enough to justify an immediate discount or termination of the sales contract; (iv) Ducati declares or it is clear from the circumstances that Ducati is not going to restore conformity of the product within a reasonable period or without notable inconvenience on the Customer's part. It is understood that the Customer does not have the right to terminate the contract if the conformity defect is minor.
      Once the product has been returned and has been checked, if it indeed presents a conformity defect, any transport, repair or replacement costs shall be borne by Ducati. Otherwise, if the product is checked and no conformity defect is present or there are no grounds to enforce the Legal Guarantee, the Legal Guarantee shall not apply and the Customer will be informed that they shall now be responsible for all transport costs, as well as all costs related to verifying the alleged conformity defect.
      The Customer acknowledges and accepts that any defects or damages that result after the goods have been delivered, such as those caused by improper use of the product by the Customer or a third party, shall not be covered by the Legal Guarantee.
    1. No damages may be claimed from Drop S.r.l. for any delays in carrying out repairs or replacements.
    1. For cases in which the application of the guarantees involves the return of the product, the goods must be returned by the Customer in their original packaging, complete with all their parts (including packaging and any documentation and accessory equipment: manuals, accessories, etc…); to minimize damage to the original packaging, we recommend, where possible, placing it inside a second box; in all cases, avoid affixing labels or adhesive tape directly onto the original product packaging.

     

    Privacy

    1. Drop S.r.l., with registered office at Via Sandro Pertini, 1, 63812 Montegranaro FM Italy processes data relating to the sale of products as an independent data controller. We invite you to read the privacy policy that can be accessed in the footer of the Website.

     

    Complaints

    1. For information or to make a complaint, you can contact Drop S.r.l., Via Sandro Pertini, 1, 63812 Montegranaro FM Italy, or use the Contact Us form.

     

    Applicable law

    1. The contract of sale between the Customer and Drop S.r.l. is concluded in Italy and governed by Italian Law. For civil and criminal disputes arising from the conclusion of this distance sale agreement, if the Customer is a consumer, the territorial jurisdiction is that of the court of reference of his municipality of residence; in all other cases, the territorial jurisdiction is exclusively that of the Court of Fermo.

    Amendments and updates

    1. These General Terms and Conditions of Sale may be amended from time to time, also in light of changes to the relevant legislation. The new General Terms and Conditions of Sale will be effective with regard to product sales agreements entered into by the date of their publication and acceptance by the Customer.

     

    Pursuant to and for the purposes of Italian Legislative Decree no. 130 of 6th August 2015, containing provisions for the implementation of Directive 2013/11/EU on the alternative resolution of consumer disputes, we inform you of the existence of an alternative dispute resolution platform accessible at the following address:

    Online dispute resolution.